BCAB #1732 - Access to Small Second Storey, Sentence 3.8.2.1.(2)

September 24, 2013

BCAB #1732-2 (Reconsideration of BCAB 1732)

Re: Access to Small Second Storey, Sentence 3.8.2.1.(2)

Project Description

The project in question is a new two storey building for vehicle sales and service with a first storey area of 1752 m2 and a second storey area of 331 m2. The first storey will contain the vehicle showroom and service bays with associated parts storage and sales, a customer lounge, administration and sales offices, a multi-purpose/meeting room with kitchen and washrooms. The second storey will contain service rooms and more parts storage, a locker room for the service garage staff, more offices and washrooms and two multi-purpose/meeting rooms with kitchens.

Reason for Appeal

Article 3.8.2.1. requires access for persons with disabilities to all storeys except “the storey next above or below the accessible storey in a building not more than two storeys in building height provided the storeys next above or below the accessible storey is less than 600 m2 in floor area, does not contain facilities integral to the principle function of the accessible storey, and

does not contain an assembly major occupancy with an area more than 100 m2.”

Appellant's Position

The appellant contends that access to the second storey is not required because the facilities there are not integral to the principle function of the accessible first storey. There are no facilities except a locker room that are not also provided on the first storey. The locker room is provided for the service garage staff and it isn’t reasonable that persons with disabilities could be employed in the service garage. A locker is provided in the accessible washroom on the first storey for use by a person with disabilities. The upper level of the storage racking is intended for archived files, not auto parts.

Building Official's Position

The building official maintains that the second storey does contain facilities integral with the function of the first storey and should be accessible. The boardroom for meetings, staff lunch room and all change rooms are provided on the second storey. It is not sufficient to provide a sink in a room that has 5 workstations shown in its layout and expect that layout to provide an environment where all first floor staff could reasonably store food and have sufficient seating. Also, providing one locker in the accessible washroom does not equal the locker room for staff members on the second storey.

Appeal Board Decision #1732-2

The Board must rule on the intended use of floor areas, not possible future uses. It is therefore the determination of the Board that the design as submitted complies with Sentence 3.8.2.1.(2). The appellant must demonstrate to the authority having jurisdiction that the locker provided in the main floor accessible washroom is accessible for use by a person with disabilities. The Board still considers the remaining facilities on the upper storey are effectively duplicated on the accessible first storey and are not considered integral with the first storey.

George Humphrey, Chair